Summary — HB 4530 (Mental health: release of records for child abuse/neglect investigations)
Status & key procedural notes
- Bill number: HB 4530 (introduced March 12, 2025; electronically reproduced June 3, 2025). Primary sponsor: Rep. Laurie Pohutsky; multiple cosponsors.
- Amends section 748a of the Mental Health Code (MCL 330.1748a). Tie-bar: will not take effect unless HB 4531 (2025) is also enacted.
- Passed both chambers and was enrolled; sent to the Governor May 31, 2025. Vetoed by the Governor on June 22, 2025.
- Fiscal impact (House Fiscal Agency): negligible to minimal for state and local units; main costs relate to increased training under HB 4531.
Purpose / intent
- Shorten the deadline for mental health professionals to provide mental health records or information that are pertinent to a Department of Health and Human Services (DHHS) child abuse or neglect investigation, to facilitate timely assessment and protection of minors.
Key provisions
- When a DHHS caseworker or administrator involved in a child abuse/neglect investigation notifies a mental health professional and submits a written request because there is a “compelling need” to determine whether abuse/neglect occurred or to protect a minor at substantial risk, the mental health professional must:
- Review all mental health records/information in their possession for material pertinent to the investigation.
- Release the pertinent records/information to the DHHS caseworker/administrator not later than 7 days after receipt of the request (current law: 14 days).
- “Records” is construed broadly to include all types of information, not only formal case files.
- Privilege exceptions: records released under this section are not subject to typical health professional–patient privileges (physician, dentist, counselor, psychologist, and other health professional-patient privileges cited).
- Liability protection: an individual who, in good faith, releases records under this section is immune from civil or administrative liability to the same extent as other statutory immunities, except for gross negligence or willful and wanton misconduct.
- The bill explicitly preserves other statutory reporting duties (for example under the Child Protection Law).
Who is affected
- Mental health professionals and entities (including community mental health services programs) from whom records may be requested.
- DHHS caseworkers and administrators conducting child abuse/neglect investigations.
- Mandated reporters and minors subject to investigation (related HB 4531 would add training requirements for mandated reporters).
- Local and state public agencies (minimal administrative impact; possible increased training costs under HB 4531).
Related bill
- HB 4531 (tie-bar): would require all mandated reporters to complete DHHS-developed training on recognizing/reporting child abuse or neglect once every three years. Both bills must be enacted for either to take effect.
